MARRERO v. CITY OF NEW YORK


160 A.D.2d 377 (1990)

Ricardo Marrero, Plaintiff, v. City of New York et al., Defendants In the Matter of Ricardo Marrero, Appellant, v. New York City Housing Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 12, 1990


The IAS court correctly dismissed the petition for lack of in personam jurisdiction over defendant NYCHA. The petition was a separate proceeding, as indicated by separate captions and index numbers. Plaintiff commenced the special proceeding through service by regular mail on NYCHA's counsel. The commencement of the special proceeding requires service consistent with CPLR article 3 (Gomez v Bobker, 104 A.D.2d 790).

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